CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ11238147
Regular
Oct 13, 2025

KULDIP SHERGILL, et al. vs. DEPT. OF DEVELOPMENTAL SERVICES, STATE COMPENSATION INSURANCE FUND

The Appeals Board denied the Petition for Reconsideration filed by the applicants, including the family of the deceased Kuldip Shergill. The petition challenged a finding that Mr. Shergill's death, attributed to psych, heart, and alcohol disorder, was non-industrial. The Board affirmed the Workers' Compensation Administrative Law Judge's decision, concluding that the Qualified Medical Evaluator, Dr. Sylvia Shirikian, was qualified to opine on the causation of alcohol abuse disorders, despite not specializing in their treatment. Furthermore, the Board ruled that Mr. Shergill, as an employee of the Department of Developmental Services, was not entitled to the heart presumption under Labor Code § 3212.10.

ADJ11238147Petition for ReconsiderationLabor Code § 5909Electronic Adjudication Management SystemEAMSTransmissionNoticeQualified Medical EvaluatorQMEPsychology
References
Case No. ADJ10538690
Regular
Apr 24, 2018

GONZALO SANTOS MORENO vs. GARZA CONTRACTING

This case concerns a workers' compensation applicant, Gonzalo Santos Moreno, versus his employer, Garza Contracting. The Workers' Compensation Appeals Board granted the applicant's Petition for Reconsideration. The Board affirmed the prior findings but amended them to correct the date of injury to July 14, 2016. Crucially, the amended findings also state that the applicant's specific industrial injury was caused by his intoxication by alcohol.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationFindings of FactReport and Recommendationworkers' compensation administrative law judgeWCJAMENDEDaverage earningsindustrial injuryintoxication by alcohol
References
Case No. ADJ10653999
Regular
Feb 11, 2020

Rodney McMillan vs. CITY OF RIVERSIDE

Applicant, a police officer, sought reconsideration after a WCJ denied his heart trouble claim under Labor Code § 3212.5. The parties stipulated the heart trouble presumption applied, shifting the burden to the employer to rebut it. While the Agreed Medical Examiner identified alcoholism as the probable cause of applicant's cardiomyopathy, he could not definitively state it was the "sole cause" or that employment played no role. The Appeals Board granted reconsideration, rescinded the original order, and remanded the case for further proceedings to determine if the presumption was adequately rebutted.

Heart trouble presumptionLabor Code section 3212.5Rebuttal of presumptionAgreed Medical ExaminerDilated cardiomyopathyNon-industrial alcoholismSole causeIndustrial causationPetition for ReconsiderationFindings of Fact and Order
References
Case No. ADJ8661529
Regular
Dec 23, 2016

PETER HANSEN vs. PAR ELECTRICAL CONTRACTORS, INC.; GALLAGHER BASSETT SERVICES

This case involves a workers' compensation claim by Peter Hansen for injuries sustained on October 1, 2012. The administrative law judge initially found the injury not compensable, concluding applicant's intoxication was the substantial and proximate cause. On reconsideration, the Board affirmed this decision, finding the employer met its burden of proof. Medical evidence, including a toxicologist's opinion, established that applicant's blood alcohol level at the time of the fall, estimated to be 0.165 or higher, caused significant impairments leading to the injury.

Workers' Compensation Appeals BoardPar Electrical ContractorsGallagher Bassett ServicesPeter Hansenlinemanintoxicationsubstantial and proximate causeblood alcohol testQualified Medical EvaluatorDr. Mummaneni
References
Case No. ADJ4213823 (AHM 01440-4)
Regular
Jun 02, 2010

RODOLFO PLASCENCIA (Deceased), TERESA PLASCENCIA (Widow) vs. LOS ANGELES DODGERS, ACE USA, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board reversed a prior award, ruling that applicant Rodolfo Plascencia's neck injury sustained from a fall was not compensable. The Board found that the applicant's blood alcohol level of .187% was a material and substantial cause of his fall, thus barring compensation under Labor Code section 3600(a)(4). The majority credited expert testimony indicating the intoxication impaired judgment and physical ability, making it the probable cause of the fall in the absence of other evidence. A dissenting opinion argued the defendant failed to meet its burden of proof and that reasonable doubt should favor the employee, citing lack of evidence for intoxication being the sole cause and the possibility of other fall factors.

Labor Code section 3600(a)(4)intoxication defensematerial and substantial factorblood alcohol level.187%addiction substance abuse expertwaiver of objectioncommon knowledgeslip and fallreasonable inferences
References
Case No. ADJ8838013
Regular
Dec 01, 2016

AARON CARRILLO vs. LLG CORPORATION, DBA FRESCO II, EMPLOYERS COMPENSATION INSURANCE COMPANY

This case involves a busboy who injured himself in a car accident after consuming alcohol on his employer's premises after his shift. The applicant sought workers' compensation, arguing that his injuries arose out of and in the course of employment, with alcohol use being a customary incident. The Board denied reconsideration, affirming the WCJ's finding that the applicant did not sustain an industrial injury. The applicant's presence and drinking were deemed personal socializing, not an employer-sanctioned or expected activity, thus not meeting the AOE/COE standard.

AOE/COEcustomary incident of employmentpost-shift intoxicationreasonable expectancy of employmentintoxication defenseproximate and substantial causeMcCarty v. Workers' Comp. Appeals Bd.social patroncredibility determinationLabor Code section 3600
References
Case No. ADJ3339526
Regular
Oct 14, 2008

Jeffrey Zajdel vs. CALIPATRIA STATE PRISON, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to address the issue of apportionment of the applicant's permanent disability due to a heart and brain injury. The Board rescinded the prior decision that apportioned 50% of the disability to non-industrial factors, finding the medical opinion supporting apportionment speculative and not based on established legal principles. Consequently, the Board issued a new award for 100% permanent disability without apportionment and reinstated the applicant's attorney's fees based on this higher award.

WORKERS' COMPENSATION APPEALS BOARDJEFFREY ZAJDELCALIPATRIA STATE PRISONSTATE COMPENSATION INSURANCE FUNDADJ3339526VNO 0491968OPINION AND ORDER GRANTING RECONSIDERATIONSUPPLEMENTAL FINDINGS AND AWARDINDUSTRIAL INJURYHEART INJURY
References
Case No. ADJ6465992
Regular
Apr 04, 2023

WILLIAM HUFFORD vs. HOWELL'S FOREST HARVESTING, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board reversed a prior decision that denied applicant William Hufford's claim for benefits. The Board found that the defendants failed to prove either that Hufford was intoxicated at the time of his accident or that any potential intoxication was a proximate cause of the injury. Furthermore, the Board determined that even if the "going and coming rule" would normally apply, an exception exists because the employer provided the vehicle and it was used as an incident of employment. Consequently, Hufford's injury was found to have arisen out of and in the course of employment.

Workers' Compensation Appeals BoardADJ6465992Opinion and Decision After ReconsiderationCompensable InjuryArising Out of and in the Course of Employment (AOE/COE)Intoxication DefenseProximate CauseGoing and Coming RuleVehicle-Use ExceptionBlood Alcohol Level
References
Case No. AD10634736
Regular
Nov 16, 2019

ORACIO CARRANZA vs. COUNTY OF IMPERIAL

This case concerns a deputy probation officer's claim for industrial heart injury. Initially, the administrative law judge (WCJ) found the applicant's claim rebutted the presumption of industrial injury. Both applicant and defendant sought reconsideration, with the defendant arguing the presumption didn't apply and the applicant asserting it was improperly rebutted. The Appeals Board denied both petitions, affirming the applicant is covered by the presumption under Labor Code section 3212.10, but agreeing the presumption was rebutted by independent medical evidence pointing to non-industrial causes.

Workers' Compensation Appeals BoardLabor Code section 3212.10peace officer presumptionheart troubleindustrial injurydeputy probation officerindependent medical evaluatorpresumption rebuttalanti-attribution clausepreponderance of the evidence
References
Case No. ADJ8842722
Regular
May 28, 2014

ARTURO GONZALEZ vs. CHILD'S PLAY, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of the judge's decision. The judge found the applicant lacked credibility and therefore did not suffer an industrial injury, a finding the Board adopted and incorporated. The Board also gave great weight to the judge's credibility determination. The applicant's arguments regarding the admission of evidence and inconsistent findings were rejected.

Workers' Compensation Appeals BoardPetition for ReconsiderationDenialWCJ credibilityindustrial injuryUSC Medical CenterDWC-1pre-trial conference statementhearsaydrug/alcohol testing
References
Showing 1-10 of 19 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational